Local Government and Public Health Provisional Orders Confirmation Act, 1944

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FIRST SCHEDULE.

Cork Port Sanitary Order, 1943.

WHEREAS by a provisional order called the Cork Port Sanitary Order, 1903 (in this Order referred to as “the Order of 1903”) which was confirmed by the Local Government Board (Ireland) Provisional Orders Confirmation (No. 5) Act, 1903 (in this Order referred to as “the Act of 1903”) a port sanitary authority was constituted for that part of the customs port of Cork described in the Order of 1903 by forming a joint board under the name of the Cork Port Sanitary Authority, consisting of members of the sanitary authorities of the sanitary districts therein specified, which authorities are referred to in the Order of 1903 as “the component authorities”;

AND WHEREAS the Act of 1903, in so far as it relates to the Order of 1903, has been amended by the following Acts (in this Order referred to as “the Amending Acts”) that is to say the Local Government and Public Health Provisional Order Confirmation Act, 1928 (confirming the Cork Port Sanitary Order, 1927) and the Local Government and Public Health Provisional Order Confirmation Act, 1937 (confirming the Cork Port Sanitary Order, 1936);

AND WHEREAS by reason of the Amending Acts the following sanitary authorities are the component authorities for the purposes of the Order of 1903, that is to say:—

The Lord Mayor, Aldermen and Burgesses of Cork,

The South Cork Board of Public Health,

The Council of the Urban District of Cobh,

The Council of the Urban District of Passage West:

AND WHEREAS by section 36 of the County Management Act, 1940, the South Cork Board of Public Health has been dissolved and its powers, functions and duties transferred to and vested in the Council of the County of Cork;

AND WHEREAS on the 1st day of October, 1942, by the Passage West Urban District (De-urbanisation) Order, 1942, the Urban District of Passage West was added to the County Health District of South Cork and has ceased to be an urban sanitary district;

AND WHEREAS after inquiry it appears to the Minister for Local Government and Public Health (in this Order referred to as “the Minister”) that the Act of 1903 should be further amended in manner hereinafter appearing;

AND WHEREAS notice of the purport of this Order was published in the Cork Examiner on the 10th day of July, 1943, and the 17th day of July, 1943:

AND WHEREAS no objection to this Order has been made to the Minister by any person affected thereby;

NOW THEREFORE the Minister in exercise of the powers conferred on him by section 205 of the Public Health (Ireland) Act, 1878, and in exercise of every other power enabling him in this behalf hereby orders as follows that is to say:—

1. The amendments made by the Amending Acts in the Act of 1903 so far as it relates to the Order of 1903 shall cease to have effect.

2. The following Schedule shall be substituted for the Schedule to the Order of 1903 as confirmed by the Act of 1903, that is to say—

3. All costs and expenses incurred by the Minister in relation to the application for, preparation of, making and confirming this Order shall be deemed to be and be defrayed as expenses incurred by the Cork Port Sanitary Authority in the execution of the Order of 1903 and this Order and shall be paid by the said Port Sanitary Authority to the Minister.

4. This Order shall come into operation on the day subsequent to the passing of the Act of the Oireachtas confirming this Order, but shall apply in relation to any expenses incurred by the Cork Port Sanitary Authority after the urban district of Passage West ceased to be an urban sanitary district.

5. This Order may be cited as the Cork Port Sanitary Order, 1943.